Joseph Tanner Smith
An East Brainerd man said he was awakened in the middle of the night by loud booms and found the two nephews who were living with him both covered in blood.
Bobby Benton, of Lindsay Avenue near Graysville Road, said 37-year-old Justin Tyler Smith was standing over 31-year-old Joseph Tanner Smith while holding a rubber mallet. He said he saw the older brother hit the younger one with the mallet one time.
Justin Smith died from having received some 10 stab wounds, and Joseph Smith is now facing a murder charge. General Sessions Court Judge Larry Ables bound the case to the Grand Jury after hearing proof.
Joseph Smith remains in jail under the same bond.
Mr. Benson said he had been out on the porch and fell asleep after watching a brief main event of UFC martial arts fighting. He said later he was awakened by several booms.
He ran into the living to find the brothers in combat with Justin standing over Joseph, wielding a rubber mallet. He said he saw Justin land one blow to his younger brother's head.
Mr. Benson said Justin Smith told him he had been stabbed, so he dragged him into the kitchen. The witness said he then noticed he had picked up a large amount of blood on his own clothing from clutching the nephew.
Mr. Benson said, "Both of them would have been laying dead if I had not gone in."
He said Justin Smith had lived there since 2016, and Joseph Smith arrived last November and slept on the living room couch with a fixed blade, hunting type knife beside him.
An officer who went to the scene said he kept a watch on Joseph Smith and noticed blood on his left eyebrow and his head.
He said Joseph Smith said he "got in an argument with my brother that got way out of hand."
Investigator Stephen Bulkley said Justin Smith had more than 10 stab wounds and was declared dead soon after arriving at the hospital.
He said he interviewed Joseph Smith and he had a clear memory of happenings in recent days, but as far as the clash with his brother "he had no memory of any of that."
The detective said later in the interview that Joseph Smith told him he had been sitting on the couch and Justin came out complaining that his cellphone was too loud and was keeping him awake. He said that made him angry.
Detective Bulkley said he did not get from the defendant's statement that there were grounds for self-defense.